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Dismissal

A dismissal is the termination of an individual's employment by the employer. Employees have a right not to be unfairly dismissed from employment.

Before dismissing an employee, employers need to make sure that they have a potentially fair reason. The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”.

A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.


    • Discipline
    • Latest News
    • Dismissal

    Writing a performance improvement procedure: a guide for HR

    by Brightmine 4 Nov 2021
    by Brightmine 4 Nov 2021

    A guide to drafting a clear and concise performance improvement plan, to help employers tackle underperformance early and to invoke formal action when performance issues cannot be resolved informally.

    • Discipline
    • Discipline and grievances
    • Latest News

    Distillery worker wins wrongful dismissal claim after wee ‘dram’a

    by Ashleigh Webber 3 Nov 2021
    by Ashleigh Webber 3 Nov 2021

    A distillery worker who was sacked for allegedly urinating on a whisky barrel has been awarded more than £11,000 because...

    • Hybrid working
    • Change management
    • Coronavirus

    Top 10 HR Questions October 2021: Reluctant returners

    by Brightmine 1 Nov 2021
    by Brightmine 1 Nov 2021

    How should employers deal with employees reluctant to return to the workplace?
    Government advice in Northern Ireland, Scotland and Wales...

    • Alcohol and drug misuse
    • Discipline
    • Discipline and grievances

    Factory worker sacked for drinking beer the night before work wins £5K

    by Ashleigh Webber 16 Sep 2021
    by Ashleigh Webber 16 Sep 2021

    A factory worker who was sacked for consuming three beers nine hours before her shift has been awarded more than...

    • Discipline
    • Education
    • Latest News

    Teacher unfairly dismissed after ‘locking’ pupil in ‘haunted’ cupboard

    by Rob Moss 14 Sep 2021
    by Rob Moss 14 Sep 2021

    Employment tribunal finds fault in school's disciplinary investigation after pupil lied about being forced into a cupboard.

    • Constructive dismissal
    • Latest News
    • Dismissal

    Waiter who was burped at by boss wins dismissal claim

    by Ashleigh Webber 27 Aug 2021
    by Ashleigh Webber 27 Aug 2021

    A waiter who claimed his boss burped in his face and passed wind in front of customers has won his...

    • Discipline and grievances
    • Latest News
    • Dismissal

    Dismissal of toilet firm’s former CEO was not unfair, EAT rules

    by Ashleigh Webber 23 Aug 2021
    by Ashleigh Webber 23 Aug 2021

    A director who claimed he was unfairly dismissed by the company he founded has lost his claim after the tribunal decided there had been an irreparable breakdown in relations.

    • Discipline
    • Latest News
    • Dismissal

    Worker accused of having sex in ambulance was fairly dismissed

    by Ashleigh Webber 20 Aug 2021
    by Ashleigh Webber 20 Aug 2021

    An ambulance service worker lost her job after she was accused of having sex in an emergency vehicle.

    • Discipline
    • Discipline and grievances
    • Latest News

    Banker unfairly dismissed after ‘unjustifiable’ delays in investigation

    by Ashleigh Webber 16 Aug 2021
    by Ashleigh Webber 16 Aug 2021

    A banker who carried out an ‘unsuitable’ trade which resulted in financial losses was unfairly dismissed by Credit Suisse because...

    • Coronavirus
    • Latest News
    • Dismissal

    CNN dismisses staff without Covid-19 vaccinations

    by Personnel Today 6 Aug 2021
    by Personnel Today 6 Aug 2021

    News network CNN has dismissed three employees who came into work unvaccinated against Covid-19.

    • Brexit
    • Latest News
    • Discipline and grievances

    Fire Brigades Union official was unfairly dismissed after pro-Brexit speech

    by Adam McCulloch 5 Aug 2021
    by Adam McCulloch 5 Aug 2021

    Paul Embery was not dismissed for his pro-Brexit views, an employment tribunal found, but had been subject to a ‘witch hunt’ with a ‘pre-determined’ outcome.

    • Latest News
    • Dismissal
    • Employment tribunals

    Not considering furlough as redundancy alternative led to unfair dismissal

    by Jo Moseley 5 Aug 2021
    by Jo Moseley 5 Aug 2021

    Joanne Moseley looks at a recent employment tribunal ruling in the case of a care worker who was made redundant.

    • Age discrimination
    • Bullying and harassment
    • Equality, diversity and inclusion

    Discrimination case dismissed to avoid encouraging ‘culture of hyper-sensitivity’

    by Ashleigh Webber 3 Aug 2021
    by Ashleigh Webber 3 Aug 2021

    A lawyer made numerous discrimination and harassment complaints against a former employer.

    • Latest News
    • Dismissal
    • Employment tribunals

    Can an employer dismiss someone for a tweet?

    by Patrick Kilgallon and Tania Goodman 21 Jul 2021
    by Patrick Kilgallon and Tania Goodman 21 Jul 2021

    Where do employers stand when considering whether to dismiss an employee for their actions on social media?

    • Scotland
    • Local authorities
    • Education

    Appeal finds indecent image teacher dismissal was fair

    by Jo Faragher 19 Jul 2021
    by Jo Faragher 19 Jul 2021

    A teacher who had been suspected, but not charged, of possessing indecent images of children was fairly dismissed, the Court...

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